Employment Suspension Question

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Employment Suspension Question

I failed an internal check by my company. The
following policy exists
1st Fail 1 week suspension
2nd Fail 2 week suspension
This was my 2nd Fail. A counseling statement
was issued and signed by myself and the General
Manager before mys suspension. The 1st failure
was recorded and it was clearly referenced this
was my 2nd. Despite this, the written
consequence was a 1 week suspension. Both my
manager and I signed and agreed to this.
A week later, the day before I was due to
return, I was told a mistake was made and I
will be suspended for another week.
The official counseling statement clearly
stated this was my 2nd fail and the punitive
action taken stated a week suspension. The
document was reviewed by both of us before
being issued and both of us signed the official
document. I was then notified only a day before
a full week of working was to begin that a
mistake was made? Can I pursue legal action?

Asked on January 7, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

According to what you write, you should have had a two week suspension on your second fail. The employer would be keeping with its policy, with which you are aware, in suspending you another week. You have no legal grounds to challenge them over or seek compensation for them following their policy guidelines. The document you describe does not constitute a binding contract, since you did not give them anything of value ("consideration") for it. Since it is not a binding contract, it does not force them to go by what was written by mistake in it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption